The eviction process in Pennsylvania with no lease works the same way it does with a written one: you serve a Notice to Quit, file a Landlord/Tenant Complaint at the Magisterial District Court, win a judgment for possession at a hearing, wait out the appeal period, and have a constable execute a lockout. An oral agreement or a month-to-month understanding creates a legally recognized tenancy under the Landlord and Tenant Act of 1951, and you cannot skip any step. From the first notice to the physical lockout, expect a minimum of five to seven weeks when nothing goes wrong.
No Written Lease Still Means a Legal Tenancy
Pennsylvania recognizes oral leases for terms of up to three years.1Pennsylvania General Assembly. Pennsylvania Code 68 P.S. 250.201 – Leases for Not More Than Three Years When there’s no paper agreement, the arrangement is treated as a tenancy at will.2Pennsylvania General Assembly. Pennsylvania Code 68 P.S. 250.202 – Requirement of Writing One exception: if the occupancy has run more than a year and both sides have recognized it by claiming and paying rent, it converts to a year-to-year tenancy. That distinction changes the notice period you have to give.
A 2024 amendment to the Landlord and Tenant Act made the point explicit. A “tenant” now includes anyone who occupies property with the owner’s express or implied consent, and the definition specifically covers oral leases and any situation where the owner accepted rent.3Justia Law. 2024 Pennsylvania Consolidated and Unconsolidated Statutes – Act 88 The absence of a signed document does not weaken the relationship, and it does not weaken the standard obligations that come with it. You still have to keep the property in livable condition under the implied warranty of habitability. The tenant still owes whatever rent was agreed to.
Confirm You Have a Tenant, Not a Squatter
Before you start, make sure the person in your property is actually a tenant. The eviction process under the Landlord and Tenant Act only works when a landlord-tenant relationship exists. If the occupant never had your permission, never paid rent, and never entered into any kind of agreement with you, the Act doesn’t apply. Squatters, former owners who stayed after a sale, and anyone who moved in on their own belong in a different category.
For those situations, the legal remedy is an ejectment action filed in the Court of Common Pleas in the county where the property sits. Ejectment is a full civil lawsuit, slower and more expensive than a standard eviction, with formal pleadings and a trial. Using the Landlord and Tenant Act against someone who was never your tenant will get the case dismissed.
If the person moved in with your permission, if you ever accepted rent from them, or if there was any verbal understanding about their staying, a tenancy exists. You use the eviction process below.
Step One: Serve a Written Notice to Quit
Every eviction starts with a written Notice to Quit. The notice has to identify the tenant, give the property address, state why you’re evicting, and set a deadline to leave. Errors on any of those points can sink the case before the hearing.
The required notice period depends on the reason and how long the tenancy has lasted:4Pennsylvania General Assembly. Pennsylvania Code 68 P.S. 250.501 – Notice to Quit
- Nonpayment of rent: 10 days from service.
- End of term or lease violation, tenancy of one year or less or at-will: 15 days from service.
- End of term or lease violation, tenancy of more than one year: 30 days from service.
In a typical no-lease case where the tenant pays monthly, the arrangement is at-will or month-to-month, so the 15-day notice applies unless the issue is unpaid rent, which drops the period to 10 days. If the tenancy has run more than a year with both sides treating it as ongoing, the 30-day period may apply.
You can deliver the notice three ways: hand it to the tenant, leave it at the main building on the property, or post it in a visible place on the premises. Document whichever method you use. Take a timestamped photo of a posted notice. Have a witness with you for hand delivery. The court complaint form will ask you to confirm proper service.
Step Two: File the Landlord-Tenant Complaint
If the tenant doesn’t leave by the deadline, file a Landlord/Tenant Complaint (form AOPC 310A) at the Magisterial District Court covering the property. The form asks for total unpaid rent, the daily rental rate so rent keeps accruing while the case is pending, any property damage claim, and confirmation of proper notice service. You can pick the form up at the court or download it from the Unified Judicial System of Pennsylvania website.
Filing fees vary by county and by the size of your money claim. Expect $150 to $300 in total once you add the filing fee, service charges, and constable mileage.
After the court accepts the filing, the judge sets a hearing date. Court rules require the hearing to happen no fewer than 7 and no more than 15 days after filing.5Legal Information Institute. 246 Pa. Code Rule 504 – Setting the Date for Hearing and Delivery for Service A constable or sheriff then serves the tenant with the complaint and the hearing notice.
Step Three: Prove the Tenancy at the Hearing
The hearing takes place in front of a Magisterial District Judge. You’ll need to establish that a tenancy exists, the amount of rent owed if applicable, that the Notice to Quit was properly served, and the reason for eviction.
Without a signed lease, evidence of the arrangement matters more. Bring whatever you have: rent receipts showing the amount, date, rental period, and property address; bank records showing rent deposits or transfers; text messages or emails discussing rent or the terms of occupancy; and any witnesses who can speak to the arrangement. The stronger your paper trail, the harder it is for the tenant to dispute the rent amount or claim there was no agreement at all.
The tenant can raise defenses. Common ones include disputing how much rent is owed, arguing the notice was defective, or claiming the property was uninhabitable. Continuances in landlord-tenant cases are harder to get than in ordinary civil cases, and a request to postpone more than briefly is often denied.
If the judge rules in your favor, the court enters a judgment for possession and can also award back rent. If the judge rules against you, you have 10 days to appeal to the Court of Common Pleas.
Step Four: Wait Out the Appeal Period
After the judgment, the tenant has 10 days to file an appeal in the Court of Common Pleas.6Pennsylvania Code. 246 Pa. Code Rule 1002 – Time and Method of Appeal During that window, you cannot request an Order for Possession. If the tenant doesn’t appeal, you can move to the next step once the 10 days pass.
An appeal alone does not let the tenant stay in the property. To remain during the appeal, the tenant has to deposit money with the court and keep making monthly payments; missing any payment lets you ask the court to lift the stay and move forward.7Legal Information Institute. 246 Pa. Code Rule 1008 – Appeal as Supersedeas
Step Five: Order for Possession and Lockout
If no appeal is filed within 10 days, you can request an Order for Possession from the Magisterial District Judge. For residential properties, that request has to be filed after day 10 but within 120 days of the judgment date.8Legal Information Institute. 246 Pa. Code Rule 515 – Request for Order for Possession Miss the 120-day window and you start over.
Once the order issues, a constable or sheriff serves it on the tenant. The tenant then has 10 days from the date of service before the actual lockout. On or after that date, the constable returns, physically removes the occupant, and turns the property back over to you. You cannot change locks, remove doors, or touch the tenant’s belongings until the constable executes the order.
The Tenant Can Still Stop a Nonpayment Eviction
Pennsylvania gives tenants a last-resort option in nonpayment cases. Any time before the constable actually carries out the eviction, the tenant can pay all rent in arrears plus accumulated court costs directly to the officer executing the writ. That kills the eviction on the spot.9Pennsylvania General Assembly. The Landlord and Tenant Act of 1951 The right applies only when the sole reason for eviction is unpaid rent; it doesn’t help a tenant facing eviction for lease violations or end-of-term situations.
Even after a judgment and an Order for Possession, a tenant who shows up with the full amount owed can stop the lockout. Many landlords accept the outcome, since it means collecting the money without the property going vacant.
Do Not Attempt a Self-Help Eviction
Changing the locks, shutting off utilities, removing the front door, or moving a tenant’s belongings to the curb is illegal in Pennsylvania, regardless of whether a lease exists. The court process exists precisely because the law requires judicial oversight before anyone is removed from their home.
A tenant who is illegally locked out can go to court to regain access and pursue damages. In nonpayment situations, a tenant subjected to an illegal lockout may be entitled to two months’ rent or actual damages, whichever is greater, plus attorney’s fees and court costs. Beyond that financial exposure, a self-help move hands the tenant leverage to delay and complicate a case that would have been straightforward through the courts. The legal path is the only path that holds up, and it works the same whether you had a signed lease or a handshake.